LOSMAN PRASAD ROY Vs. NARAYAN CHOUDHURY

JUDGEMENT

(1.) HEARD Mr. B. Banerjee, learned Senior Counsel appearing for the appellants. None appears for the respondent despite service of notice on them.

(2.) THIS Second Appeal has been filed being aggrieved by the judgment and order dated 12.03.2003 passed by the learned Civil Judge (Senior Division), Dhubri in Title Appeal No.17/1999 dismissing the appeal and thereby affirming the judgment and order dated 14.05.1999 passed in Title Suit No.322/1991 by the learned Civil Judge (Junior Division) No.1, Dhubri.

(3.) THE facts leading to the impugned judgment and order passed by the learned First Appellate Court is that the present appellants as plaintiffs had instituted Title Suit No.322/1991 in the Court of learned Munsiff, Dhubri, inter alia, praying for a decree declaring their right, title and interest over the suit land; a decree for eviction of the defendant by demolishing the house and structures existing over the suit land and for other consequential reliefs. It appears that the suit filed by the plaintiffs was dismissed for default by the order dated 14.05.1999 passed by the trial Court by rejecting the prayer of the plaintiffs for adjournment so as to produce evidence on their behalf. Being aggrieved by the order dated 14.05.1999, the plaintiffs had preferred Title Appeal No.17/1999 in the Court of Civil Judge (Senior Division), Dhubri. By the judgment and order dated 12.03.2003 the learned First Appellate Court had dismissed the appeal filed by the present appellants holding that since the plaintiffs had failed to adduce evidence despite availing adjournments on as many as 34 occasions, hence the learned trial court had rightly dismissed the suit by the impugned order and the same does not call for any interference.